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(영문) 서울동부지방법원 2014.03.28 2013노1663
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and six months of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.

2. It is reasonable that there are favorable circumstances for the Defendant, such as the fact that the Defendant committed the instant crime, which was anticipated that the Defendant’s mistake was against and that his conduct at the time was unilaterally appropriate by the victim E, committed the instant crime, and that the degree of injury suffered by the victims seems not to be much serious.

However, in light of the circumstances, such as the motive and circumstance leading to the instant crime, the situation before and after the instant crime, the Defendant’s age, character and conduct, environment, occupation, family relation, etc., where the Defendant was sentenced to a stay of the execution of imprisonment on May 24, 2013 and was sentenced to two times or more during the suspension of execution, and the Defendant again committed the instant crime with a knife for dangerous objects, which is a crime of camping, even though he was sentenced to a fine, and the Defendant was sentenced to two times or more during the suspension of execution. The Defendant did not recover the victims from damage or receive a letter from the victims, and the statutory penalty for the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) is more than three years, and thus, the sentence cannot be selected by a fine. Thus, considering such various circumstances as the motive and circumstance leading to the instant crime, the Defendant’s age, character and conduct, occupation, occupation, and family relation, it cannot be deemed unfair to impose

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

However, among the reasoning of the judgment below, "1......... the part of the summary of the evidence is "1............ the attached photo to each suspect's upper part of the investigation report, and 1.1..................................

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